August 21, 2014
A federal judge has issued a preliminary injunction in Brenner v. Scott preventing the state from enforcing the same-sex marriage ban while the case moves forward.
The judge held that marriage is a fundamental right. From the opinion:
This order holds that marriage is a fundamental right as that term is used in cases arising under the Fourteenth Amendment’s Due Process and Equal Protection Clauses, that Florida’s same-sex marriage provisions thus must be reviewed under strict scrutiny, and that, when so reviewed, the provisions are unconstitutional.
Since this is a federal case, the injunction will apply statewide.
The decision is stayed pending Supreme Court action on several petitions for review in marriage cases that are pending.
Thanks to Equality Case Files for these filings